Chelmsford land-taking on track

CHELMSFORD -- The town is moving ahead with a land-taking for drainage improvements on a property whose owner has threatened to take the town to court if needed.

Town officials say they need to dredge a stream that runs through a 4-acre property bounded by Graniteville, Old Westford and Davis roads in order to stop seasonal flooding upstream. Town Meeting in October gave the town the authority to do the work without the property owner's approval, if necessary. The question was approved, 109-24.

Selectmen voted Nov. 19 to seek a formal appraisal for the property, a first step toward a land-taking. The appraisal is expected to cost the town about $2,400.

The town wants to dredge before the end of the year while the ground is still somewhat soft, said Town Manager Paul Cohen.

Property owner Manny Avila said dredging would only worsen flooding on his property because it would allow more water to flow through. He said after the Town Meeting vote that he would sue the town if he found it necessary.

Selectman Pat Wojtas said she's tried convincing Avila that the town's proposed solution wouldn't worsen flooding on his property but that Avila has maintained that he won't allow the town to use his property except through the formal land-taking process.

The town has disagreed with Avila's argument that a larger drainage pipe needs to be installed at the downstream end of the property but officials have said they would replace it next year if the town finds that a large piece is needed.

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The dredging is expected to cost a few thousand dollars, but replacing the pipe would cost significantly more, Cohen said.

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